On March 24, 2022, Governor Inslee signed into law “Washington’s Silenced No More Act” (“Act”). The Act replaces the 2018 law that was limited to claims surrounding the #MeToo movement and provided protections for victims of sexual harassment and assault. The Act goes into effect June 9, 2022, and is retroactive as to terms entered into during employment. It follows California’s recently enacted Silenced No More Act that prohibits non-disclosure and non-disparagement terms as of January 1, 2022, for discrimination, harassment, and retaliation claims.
What is Covered by Washington’s Silenced No More Act?
The Act is far broader than its 2018 predecessor, as it now prohibits any agreement not to disclose or discuss conduct, or the existence of a settlement involving conduct where the employee reasonably believes the conduct is illegal under Washington state, federal, or common law, including: discrimination, harassment, sexual assault, retaliation, wage claims, and wrongful termination. “Employee” as defined under the Act, is any current, former, or prospective employee, or independent contractor. The Act governs all employment-related agreements, including, for example: offers of employment, confidentiality agreements entered during employment, independent contractor agreements, agreements to pay compensation in exchange for the release of all legal claims (i.e., severance or settlement agreements), and any other workplace agreement entered into by an employer. Employers...
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